Intro to Paralegal Studies Practice

What describes the necessity defense?

1. A defense based on an actual belief of danger

2. A defense requiring proof of an urgent need to act

3. A defense used to justify premeditated acts

4. A defense relying on witness testimony

The correct answer is: A defense requiring proof of an urgent need to act

The necessity defense is a legal argument that asserts a person acted out of an urgent need to prevent greater harm from occurring. It involves demonstrating that the actions taken were necessary to avoid imminent danger or harm, making it essential to prove that no reasonable alternative existed to address the situation. This justification is typically invoked when the defendant believes they had to commit a crime to prevent a more significant harm or evil, such as breaking into a cabin during a snowstorm to avoid freezing to death. In this context, simply having a belief about danger is not enough; there must be concrete evidence of an urgent necessity for the action taken. Additionally, the necessity defense does not justify premeditated acts, as it requires spontaneous action in response to immediate threats. Likewise, while witness testimony can support a defense, the core of the necessity defense revolves around the immediate need to act rather than solely relying on external validations. Thus, the pertinent aspect of the necessity defense is the proof of that urgent need to act.